Vallier

Appellant was convicted in the lower court of murder in the second degree, and from the judgment and order denying his motion for a new trial has appealed to this court.

On the evening of February 15, 1930, appellant was engaged in a pool game in a room on Central Avenue in the city of Los Angeles with one Jess McDonald, with $3 wagered on the result of the game. It seems that the decedent, Elijah Wade, was the backer of McDonald and toward the close of' the game injected himself into the game by various remarks addressed to appellant. Upon appellant’s remonstrance the decedent Wade used abusive and boisterous language to appellant, resulting in a belligerent attitude between Wade and appellant, each toward the other, the former having picked up a pool ball, apparently with the intent of throwing same at appellant, and appellant taking his cue by the smaller end in an attitude of striking Wade. Before further trouble, however, others in the room stepped between the belligerents, among them one Flournoy, the pool-hall manager, who succeeded in having Wade leave the hall. As Wade was leaving he uttered some threats at appellant and then, accompanied by a cousin by the name of…